DEBASIS KHADANGA Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER was an applicant for admission to the Post Graduate Courses in the three Medical Colleges of the State for the session 1991 -92. He appeared at the Entrance Test for the purpose and claims to have secured more than the prescribed marks. Clause 10 1.1. provides that candidates not belonging to Scheduled Caste/Scheduled Tribe shall not be selected, and securing less than 50% .marks (600 out of 1200) at the Entrance Examination are not to be selected even if seats fall vacant. It is asserted that out of 85 seats meant for inservice Doctors in the three Medical Colleges, only 22 were filled up, because the rest applicants did not secure the requtsrte 50% marks stipulated in the prospectus Petitioner's prayer primarily is to release the balance 63 seats for being filled up by the candidates belonging to the general category. According to him, seats should be filled up by those who have secured more than 50% marks, but have not been able to get the seats in the general category. It is submitted that considering huge amounts spent by State Government for maintenance of the seats it would be collosal wastage of State exchequer if 63 seats are permitted to lie vacant, when there is a dearth of qualified Doctors in the country.

(2.) LEARNED counsel for State however, submits that 85 seats having been specifically ear -marked for the inservice Doctors, it is not permissible to make those seats open for being tilted up by the candidate belonging to the general category. Reference is made to Clause 5 of the prospectus which reads as follows :

(3.) REFERENCE may be made to the decision of the Supreme Court in Dr. Jeebak Almast v. Union of India and Ors.: AIR 1988 SC 1812. It was observed that unfilled seats should not be allowed to be left, and every possible effort and steps should be taken to fill them up by making it open to persons qualified. Considering the huge expenses involved for imparting teaching in Post Graduate Courses and the insufficiency of qualified Doctors, any State much less a poor State like Orissi, cannot afford to allow any seat to fall vacant.